Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-11-11
A CIvlLeRIGHrs DECISION.
Propriet0rs % Eating Heusss Muss
Display PricesLisss.


JUDGE SMELL, IN rHI HxwlErr-pssscH cAsr, FINES
THE DEFENDANT 800 UNDER TIE ACT OF TIE
LEGISLATIVE AssExlly-AN AprfAi NofIn
This morning. in the Police Court, Mr.. Paaestt
called Judge Snell's attention TO the case q Nr
John French. proprietor Of the lunch-rcom II the
Center Market, charged by Lawyer Hewlett, COL
ored with violating an oct OF the legislative assem-
bly,, approved June 20, 1878. Nj. Padeett said
that the defendant was charged with railing TO
have put up In a conspicuous place price-list Of
articles furnished, and read the law under which
the case was brought, which provides penalty OF
800 and the forfeiture OF his license.
Mr.. Hewlett testified that about the 2Oth OF last
month he went to the defendants dininR.room in
the market, and looked about for q price.list but
saw none He called for three eggs q cup OF cof-
fee, and some biscuits, for which he was charged
the defendant for his prtce-ist- He answered that
he had none, and witness LEFT. On croSs-examina-
cents which he refused NE 10 accep 10 Ok w
=, Then you get your lunch and have not paid for
am ready to pay him the regular price"
III you had been told In advance would you
have ave.. done the same thing. asked M; Moore.
was charged that amount for"
"Then you had our eggs, codee, and bre ID and
the use OF our room and have not paid for them, /"
II did not eat the ROOM" answered witness
Are You prepared TO Show that he charged you
rates different from otherss" asked the judge
Yes, sir, answered the witness
81 hat does not affect the case" said counsel
1T affects the spirit OF the case, said the judge
where exorbitant prices were charged certain PEI.
sons There have been no cases before the court
b nor probably Ten years. and thought the matter
Lawyer Moss colored testified that during the
latter part OF september he went into Mr.. French
paid ffTy Cents. A few DAYS SfterMsrS he went in
and got beefsteak, some potatoes, and coffee, for
which ne PAID seventy-nve cents wrtaess said he
paid The prices charged 10th tunes, and would go
BACK there again II he got hungry while In that
Mr.. Moore said that there seemed to be an at
late the prices OF this mans property. Notwith-
staining the fact that IL might have been shown
ina that an Gvercharge ives made he contended that
the legislature had not the power to pass any such
act. He had, as a reference, the decision IN the
case OF MI. Savtile, who WAS proprietor OF the
prosecution was brought provided that no seat
should De reserved alter the performances had be-
gun or TO designate any seat reseryel after the
and NJ. F. Morris Appeared for M saville, and Ed
win l. stanton appeared for the District The
decision i99a. was, Was delivered by Judge DIN:
in the case Judge Oin said. "Indeed, If this law
can be enforced 1t is made penal ofiense for the
enas or ID ptrSa. few ~ Is 81 9h n
who, he thinks. by their presence and appreciation
might give success TO his entertainment he can
not however, reserve these seats II sold before the
commencement OF the exhibition. Nay, under this
section, the proprietor or manager OF a tneAtsr
would not reserve his private box Tor himself and
family without incurring the penalty imposed in
the THIRD section OF JnIs act" The Information
Was Quashed.
MI. Padgett argued that be had made out case
ana SAID That tue decision referred to did not
have any bearing on THIS case.
Inc Judge said mat Lnis case seemed to him
clearly dlstlnguiSnable from me Case cited by
Mr.. Moore. he thought the legislature uad full
power 10 pass police regulations, and he would
overdue the pOlnI r.lsed by the defense and
would therefore impose the only penalty provided
Dy the act, line VI Sl00.
MI. Moore said be would note an appeal